1 | A bill to be entitled |
2 | An act relating to state university tuition and fees; |
3 | amending s. 216.136, F.S.; requiring the Education |
4 | Estimating Conference to develop information relating to |
5 | the national average of tuition and fees; amending s. |
6 | 1009.01, F.S.; revising the definition of the term |
7 | "tuition differential"; amending s. 1009.24, F.S.; |
8 | revising provisions relating to the use of the student |
9 | financial aid fee; deleting obsolete provisions; revising |
10 | provisions relating to the establishment of a tuition |
11 | differential; providing requirements for the assessment |
12 | and expenditure of a tuition differential; providing |
13 | requirements for revenue raised from private sources for |
14 | purposes of providing need-based financial aid; providing |
15 | conditions for the payment of a tuition differential; |
16 | providing requirements for a university board of trustees |
17 | to submit a proposal to the Board of Governors to |
18 | implement a tuition differential; requiring the Board of |
19 | Governors' review and approval of a proposal; requiring |
20 | the Board of Governors to report specified information |
21 | annually to the Legislature and the Governor; providing |
22 | for application; providing an effective date. |
23 |
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24 | Be It Enacted by the Legislature of the State of Florida: |
25 |
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26 | Section 1. Paragraph (a) of subsection (4) of section |
27 | 216.136, Florida Statutes, is amended to read: |
28 | 216.136 Consensus estimating conferences; duties and |
29 | principals.-- |
30 | (4) EDUCATION ESTIMATING CONFERENCE.-- |
31 | (a) The Education Estimating Conference shall develop such |
32 | official information relating to the state public and private |
33 | educational system, including forecasts of student enrollments, |
34 | the national average of tuition and fees at public postsecondary |
35 | educational institutions, the number of students qualified for |
36 | state financial aid programs and for the William L. Boyd, IV, |
37 | Florida Resident Access Grant Program and the appropriation |
38 | required to fund the full award amounts for each program, fixed |
39 | capital outlay needs, and Florida Education Finance Program |
40 | formula needs, as the conference determines is needed for the |
41 | state planning and budgeting system. The conference's initial |
42 | projections of enrollments in public schools shall be forwarded |
43 | by the conference to each school district no later than 2 months |
44 | prior to the start of the regular session of the Legislature. |
45 | Each school district may, in writing, request adjustments to the |
46 | initial projections. Any adjustment request shall be submitted |
47 | to the conference no later than 1 month prior to the start of |
48 | the regular session of the Legislature and shall be considered |
49 | by the principals of the conference. A school district may amend |
50 | its adjustment request, in writing, during the first 3 weeks of |
51 | the legislative session, and such amended adjustment request |
52 | shall be considered by the principals of the conference. For any |
53 | adjustment so requested, the district shall indicate and |
54 | explain, using definitions adopted by the conference, the |
55 | components of anticipated enrollment changes that correspond to |
56 | continuation of current programs with workload changes; program |
57 | improvement; program reduction or elimination; initiation of new |
58 | programs; and any other information that may be needed by the |
59 | Legislature. For public schools, the conference shall submit its |
60 | full-time equivalent student consensus estimate to the |
61 | Legislature no later than 1 month after the start of the regular |
62 | session of the Legislature. No conference estimate may be |
63 | changed without the agreement of the full conference. |
64 | Section 2. Subsection (3) of section 1009.01, Florida |
65 | Statutes, is amended to read: |
66 | 1009.01 Definitions.--The term: |
67 | (3) "Tuition differential" means the supplemental fee |
68 | charged to a student for instruction provided by a public |
69 | university in this state pursuant to s. 1009.24(16). |
70 | Section 3. Subsections (7) and (16) of section 1009.24, |
71 | Florida Statutes, are amended to read: |
72 | 1009.24 State university student fees.-- |
73 | (7) A university board of trustees is authorized to |
74 | collect for financial aid purposes an amount not to exceed 5 |
75 | percent of the tuition and out-of-state fee. The revenues from |
76 | fees are to remain at each campus and replace existing financial |
77 | aid fees. Such funds shall be disbursed to students as quickly |
78 | as possible. A minimum of 75 percent of funds from the student |
79 | financial aid fee for new financial aid awards shall be used to |
80 | provide financial aid based on absolute need. A student who has |
81 | received an award prior to July 1, 1984, shall have his or her |
82 | eligibility assessed on the same criteria that were used at the |
83 | time of his or her original award. The Board of Governors shall |
84 | develop criteria for making financial aid awards. Each |
85 | university shall report annually to the Board of Governors and |
86 | the Department of Education on the revenue collected pursuant to |
87 | this subsection, the amount carried forward, the criteria used |
88 | to make awards, the amount and number of awards for each |
89 | criterion, and a delineation of the distribution of such awards. |
90 | The report shall include an assessment by category of the |
91 | financial need of every student who receives an award, |
92 | regardless of the purpose for which the award is received. |
93 | Awards which are based on financial need shall be distributed in |
94 | accordance with a nationally recognized system of need analysis |
95 | approved by the Board of Governors. An award for academic merit |
96 | shall require a minimum overall grade point average of 3.0 on a |
97 | 4.0 scale or the equivalent for both initial receipt of the |
98 | award and renewal of the award. |
99 | (16) Each university board of trustees may establish a |
100 | tuition differential for undergraduate courses upon receipt of |
101 | approval from the Board of Governors. The tuition differential |
102 | shall promote improvements in the quality of undergraduate |
103 | education and shall provide financial aid to undergraduate |
104 | students who exhibit financial need. |
105 | (a) Seventy-percent of the revenues from the tuition |
106 | differential shall be expended for purposes of undergraduate |
107 | education. Such expenditures may include, but are not limited |
108 | to, increasing course offerings, improving graduation rates, |
109 | increasing the percentage of undergraduate students who are |
110 | taught by faculty, decreasing student-faculty ratios, providing |
111 | salary increases for faculty who have a history of excellent |
112 | teaching in undergraduate courses, improving the efficiency of |
113 | the delivery of undergraduate education through academic |
114 | advisement and counseling, and reducing the percentage of |
115 | students who graduate with excess hours. This expenditure for |
116 | undergraduate education may not be used to pay the salaries of |
117 | graduate teaching assistants. The remaining 30 percent of the |
118 | revenues from the tuition differential, or an equivalent amount |
119 | of new revenue from private sources, shall be expended to |
120 | provide financial aid to undergraduate students who exhibit |
121 | financial need to meet the cost of university attendance. This |
122 | expenditure for need-based financial aid shall not supplant the |
123 | amount of need-based aid provided to undergraduate students in |
124 | the preceding fiscal year from financial aid fee revenues, from |
125 | the direct appropriation for financial assistance provided to |
126 | state universities in the General Appropriations Act, or from |
127 | existing private sources. Any revenue raised from private |
128 | sources to meet the requirements of this paragraph shall be |
129 | deposited in a separate account for need-based financial aid and |
130 | shall not be commingled with funds from existing private |
131 | sources. |
132 | (b) Each tuition differential is subject to the following |
133 | conditions: |
134 | 1. The tuition differential may be assessed on one or more |
135 | undergraduate courses or on all undergraduate courses at a state |
136 | university. |
137 | 2. The tuition differential may vary by course or courses, |
138 | campus or center location, and by institution. |
139 | 3. The aggregate sum of tuition and the tuition |
140 | differential charged for a given course or courses may not be |
141 | increased by more than 15 percent of the total charged for the |
142 | aggregate sum of these fees in the same course or courses in the |
143 | preceding fiscal year. |
144 | 4. The aggregate sum of undergraduate tuition and fees per |
145 | credit hour, including the tuition differential, may not exceed |
146 | the national average of undergraduate tuition and fees at 4-year |
147 | degree-granting public postsecondary educational institutions. |
148 | 5. The tuition differential may not be calculated as a |
149 | part of the scholarship program established in ss. 1009.53- |
150 | 1009.538. |
151 | 6. Beneficiaries having prepaid tuition contracts pursuant |
152 | to s. 1009.98(2)(b) that were in effect on July 1, 2007, and |
153 | that remain in effect, are exempt from the payment of the |
154 | tuition differential. |
155 | 7. The tuition differential may not be charged to any |
156 | student who was in attendance at the university before July 1, |
157 | 2007, and who maintains continuous enrollment. |
158 | 8. The tuition differential may be waived by the |
159 | university for students who meet the eligibility requirements |
160 | for the Florida public student assistance grant established in |
161 | s. 1009.50. |
162 | 9. Subject to approval by the Board of Governors, the |
163 | tuition differential authorized pursuant to this subsection may |
164 | take effect with the 2009 fall term. |
165 | (c) A university board of trustees may submit a proposal |
166 | to the Board of Governors to implement a tuition differential |
167 | for one or more undergraduate courses. At a minimum, the |
168 | proposal shall: |
169 | 1. Identify the course or courses for which the tuition |
170 | differential will be assessed. |
171 | 2. Indicate the amount that will be assessed for each |
172 | tuition differential proposed. |
173 | 3. Indicate the purpose of the tuition differential. |
174 | 4. Indicate how the revenues from the tuition differential |
175 | will be used. |
176 | 5. Indicate how the university will monitor the success of |
177 | the tuition differential in achieving the purpose for which the |
178 | tuition differential is being assessed. |
179 | (d) The Board of Governors shall review each proposal and |
180 | advise the university board of trustees of approval of the |
181 | proposal, the need for additional information or revision to the |
182 | proposal, or denial of the proposal. The Board of Governors |
183 | shall establish a process for any university to revise a |
184 | proposal or appeal a decision of the board. |
185 | (e) The Board of Governors shall submit a report to the |
186 | President of the Senate, the Speaker of the House of |
187 | Representatives, and the Governor describing the implementation |
188 | of the provisions of this subsection no later than January 1, |
189 | 2010, and no later than January 1 each year thereafter. The |
190 | report shall summarize proposals received by the board during |
191 | the preceding fiscal year and actions taken by the board in |
192 | response to such proposals. In addition, the report shall |
193 | provide the following information for each university that has |
194 | been approved by the board to assess a tuition differential: |
195 | 1. The course or courses for which the tuition |
196 | differential was assessed and the amount assessed. |
197 | 2. The total revenues generated by the tuition |
198 | differential. |
199 | 3. With respect to waivers authorized under subparagraph |
200 | (b)8., the number of students eligible for a waiver, the number |
201 | of students receiving a waiver, and the value of waivers |
202 | provided. |
203 | 4. With respect to need-based financial aid provided under |
204 | paragraph (a), the number of students eligible for an award, the |
205 | number of students receiving an award, and the value of the |
206 | awards provided. |
207 | 5. The amount of revenue from private sources used to meet |
208 | the requirements of paragraph (a) and documentation of |
209 | compliance with the supplanting provisions of paragraph (a). |
210 | 6. Detailed expenditures of the revenues generated by the |
211 | tuition differential. |
212 | 7. Changes in retention rates, graduation rates, the |
213 | percentage of students graduating with more than 110 percent of |
214 | the hours required for graduation, pass rates on licensure |
215 | examinations, the number of undergraduate course offerings, the |
216 | percentage of undergraduate students who are taught by faculty, |
217 | student-faculty ratios, and the average salaries of faculty who |
218 | teach undergraduate courses. |
219 | (f) No state university shall be required to lower any |
220 | tuition differential that was approved by the Board of Governors |
221 | and in effect prior to January 1, 2009, in order to comply with |
222 | the provisions of this subsection. The Board of Governors may |
223 | establish a uniform maximum undergraduate tuition differential |
224 | that does not exceed 40 percent of tuition for all universities |
225 | that meet the criteria for Funding Level 1 under s. 1004.635(3), |
226 | and may establish a uniform maximum undergraduate tuition |
227 | differential that does not exceed 30 percent of tuition for all |
228 | universities that have total research and development |
229 | expenditures for all fields of at least $100 million per year as |
230 | reported annually to the National Science Foundation. Once these |
231 | criteria have been met and the differential established by the |
232 | Board of Governors, the board of trustees of a qualified |
233 | university may maintain the differential unless otherwise |
234 | directed by the Board of Governors. However, the board shall |
235 | ensure that the maximum tuition differential it establishes for |
236 | universities meeting the Funding Level 1 criteria is at least 30 |
237 | percent greater than the maximum tuition differential the board |
238 | establishes for universities that meet the required criteria for |
239 | research and development expenditures. The tuition differential |
240 | is subject to the following conditions: |
241 | (a) The sum of tuition and the tuition differential may |
242 | not be increased by more than 15 percent of the total charged |
243 | for these fees in the preceding fiscal year. |
244 | (b) The tuition differential may not be calculated as a |
245 | part of the scholarship programs established in ss. 1009.53- |
246 | 1009.537. |
247 | (c) Beneficiaries having prepaid tuition contracts |
248 | pursuant to s. 1009.98(2)(b) which were in effect on July 1, |
249 | 2007, and which remain in effect, are exempt from the payment of |
250 | the tuition differential. |
251 | (d) The tuition differential may not be charged to any |
252 | student who was in attendance at the university before July 1, |
253 | 2007, and who maintains continuous enrollment. |
254 | (e) The tuition differential may be waived by the |
255 | university for students who meet the eligibility requirements |
256 | for the Florida public student assistance grant established in |
257 | s. 1009.50. |
258 | (f) A university board of trustees that has been |
259 | authorized by the Board of Governors to establish a tuition |
260 | differential pursuant to this subsection may establish the |
261 | tuition differential at a rate lower than the maximum tuition |
262 | differential established by the board, but may not exceed the |
263 | maximum tuition differential established by the board. |
264 | (g) The revenue generated from the tuition differential |
265 | must be spent solely for improving the quality of direct |
266 | undergraduate instruction and support services. |
267 | (h) Information relating to the annual receipt and |
268 | expenditure of the proceeds from the assessment of the tuition |
269 | differential shall be reported by the university in accordance |
270 | with guidelines established by the Board of Governors. |
271 | Section 4. This act shall take effect July 1, 2009. |